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MEMOIR 


OF 

NATHANIEL  G00K1N  UPHAM,  LL.D. 


Read  at  the  Annual  Meeting  of  the  N.  H ,  His¬ 
torical  Society,  June  14,  1871. 


BY 

DANIEL  J.  NOYES,  D.D. 

Professor  in  Dartmouth  College. 


MEMOIR 


OF 

NATHANIEL  GOOKIN  UPHAM,  LLJ). 

By  Prof.  Daniel  J.  Noyes,  D.D. 


Among  the  useful  and  distinguished  men  of 
New  Hampshire,  the  name  of  Nathaniel  Gookin 
Upiiam  holds  an  honorable  place.  His  many  vir¬ 
tues  in  public  and  private  life  endeared  him  to  a 
large  circle  of  friends,  and  entitle  him  to  grateful 
remembrance  in  the  State.  Mr.  Upham  was  the 
descendant  of  a  very  worthy  ancestry,  whose  long 
and  unbroken  line  reaches  back  many  centuries 
into  English  history.  The  first  of  the  name  that 
came  to  this  country  was  John  Upham,  who  was 
born  in  England  in  1597,  and  settled  in  Wey¬ 
mouth,  Mass.,  in  1635.  Among  his  descendants, 
of  the  fifth  generation,  was  Eev.  Timothy  Upham, 
who  was  graduated  at  Harvard  College  in  1768, 
and  settled  in  the  ministry  in  Deerfield,  N.  PL,  in 
1772.  For  thirty-nine  years,  till  his  death  in  181 P, 
he  was  the  able  and  much-respected  pastor  of  the 


4 


Congregational  church  in  that  town.  Rev.  Mr. 
Upham  had  two  sons,  both  of  whom  became  prom¬ 
inent  men  in  the  State.  Timothy,  the  younger  of 
the  two,  settled  in  Portsmouth,  N.  EL,  as  a  mer¬ 
chant.  He  was  an  efficient  officer  in  the  war  of 
1812,  and  was  much  respected  in  all  the  relations 
of  life.  Nathaniel,  the  elder  son  of  Key.  Mr.  Up¬ 
ham,  commenced  business  in  Deerfield,  his  native 
town,  as  a  merchant,  in  1796.  After  remaining 
there  a  few  years,  he  removed  to  Portsmouth,  and 
from  thence,  in  1802,  to  Rochester,  N.  H.,  where  he 
became  permanently  established  in  mercantile  pur¬ 
suits.  His  labors  in  his  chosen  occupation  were 
crowned  with  eminent  success.  He  was  a  man  of 
very  decided  ability,  and  of  great  influence  in  the 
State.  He  represented  the  town  of  Rochester  in 
the  State  Legislature  three  years.  For  two  years 
he  was  a  member  of  the  Governor’s  Council. 
From  1817  to  1823,  he  was  one  of  the  represen¬ 
tatives  of  the  State  in  the  National  Congress. 
In  all  these  positions,  he  was  distinguished  for 
intelligence,  wisdom,  and  energy. 

In  1798  he  was  married  to  Judith  Cogswell,  a 
woman  of  great  worth,  the  only  daughter  of  Hon. 
Thomas  Cogswell,  of  Gilmanton,  N.  II.,  who  was 


an  officer  in  the  American  Revolution;  and  sub¬ 
sequently,  for  a  number  of  years,  a  judge  of  the 
Court  of  Common  Pleas.  By  this  marriage  there 
were  eleven  children,  —  seven  sons  and  four 
daughters.  The  oldest  child  is  Thomas  Cogswell 
Upham,  the  author  of  many  valuable  works  in 
literature  and  philosophy,  and  who  was  for  many 
years  a  distinguished  Professor  in  Bowdoin  Col¬ 
lege. 

Nathaniel  Grookin  Upham,  the  subject  of  this 
sketch,  was  the  second  child.'55'  He  was  born 
in  Deerfield,  N.  H.,  January  8,  1801.  In  very 
early  life  he  manifested  an  unusual  taste  for 
reading,  and  was  more  interested  in  books  than 
in  the  ordinary  sports  of  childhood.  It  was 
his  father’s  intention  to  give  him  a  common  busi¬ 
ness  education,  such  as  would  fit  him  for  ordinary 

*  The  other  sons  are  Alfred  Upham,  M.  D.,  and  Francis  W.  Upham, 
LL.D.,  who  reside  in  New  York;  Joseph  B.  Upham,  for  many  years  a 
merchant  and  subsequently  Collector  of  the  Port,  resides  in  Ports¬ 
mouth,  N.  H. ;  Timothy  Upham,  M.  D.,  of  Waterford,  and  Prof.  Albert 
G.  Upham,  M.  D.,  of  Boston,  both  of  whom  died  many  years  ago.  The 
daughters  of  Nathaniel  and  Judith  Upham,  were  Hannah  Elizabeth, 
who  died  in  infancy;  Mary,  who  married  Hon.  David  Barker,  Jr.,  of 
Rochester,  N.  H.,  Member  of  Congress,  now  the  widow  of  Eben  Coe, 
Esq.,  of  Bangor,  Me. ;  Judith,  who  married  Hon.  James  Bell,  of  Exe¬ 
ter,  N.  H.,  Senator  of  the  United  States,  and  Ruth  C.,  who  married 
Dr.  J.  Berry,  and  died  May,  I8G9,  at  the  residence  of  her  only 
daughter  Julia,  who  married  Rev.  J.  C.  Thompson,  of  Pottstown, 
Penn. 


6 


practical  life.  But  at  the  suggestion  of  his  older 
brother,  and  in  accordance  with  his  own  wishes, 
this  plan  was  changed,  and  he  commenced  his 
studies  preparatory  to  college.  These  he  pursued 
mainly  at  Exeter  Academy,  then  under  the 
charge  of  Dr.  Abbott,  a  man  greatly  respected  and 
beloved  by  his  pupils,  many  of  whom  lived  to 
confer  honor  upon  their  teacher. 

Mr.  Upham  entered  the  Freshman  class  in  Dart¬ 
mouth  College  in  1816.  While  a  member  of  Col¬ 
lege  he  was  distinguished  for  propriety  of  con¬ 
duct,  studious  habits,  and  a  faithful  discharge  of 
all  the  duties  of  student  life.  He  was  not  only 
faithful,  but  successful  in  all  the  studies  then 
pursued  in  the  College.  In  literary  and  classical 
attainments  he  had  few  superiors.  He  was  gradu¬ 
ated  with  honor  in  1810. 

The  years  which  he  spent  at  Dartmouth  were 
years  of  trial  and  adversity  to  the  College,  yet 
they  were  years  distinguished  above  almost  any 
other  equal  period  in  its  history,  for  faithful  and 
successful  scholarship.  The  number  in  the  sev¬ 
eral  classes  who  gave  promise,  by  their  eminent 
scholarship,  of  uncommon  success  in  life,  and  who 
afterwards  fully  realized  that  promise,  was  unus- 


ually  lar,ge.  In  the  class  with  Mr.  Upham  was 
Hon.  George  P.  Marsh,  of  whose  eminent  at¬ 
tainments  as  a  scholar  and  a  statesman,  not  the 
College  only,  but  the  whole  country,  is  justly 
proud.  Mr.  Marsh,  in  a  letter  written  since  the 
decease  of  Mr.  Upham,  speaks  of  his  classmate  in 
the  following  terms :  "  He  was  distinguished  in 
college  by  conscientious  punctuality  in  the  dis¬ 
charge  of  ^11  the  duties  of  academical  life ;  was  an 
excellent  scholar,  and  was  possessed  of  social  traits 
which  secured  for  him  the  respect  and  affection  of 
his  college  companions.”  Hon.  George  W.  Nes¬ 
mith,  lately  one  of  the  judges  of  the  Supreme 
Court  of  New  Hampshire,  was  also  a  classmate  of 
Mr.  Upham.  He  thus  bears  testimony  to  his 
worth  and  promise  while  a  member  of  college: 
w  He  excelled  in  the  classics,  and  was  a  correct 
and  ready  writer.  He  cultivated  a  taste  for  gen¬ 
eral  literature,  and  was  especially  fond  of  poetry. 
He  was  regular  and  attentive  to  the  duties  of  the 
hour,  prompt  in  the  fulfilment  of  his  engage¬ 
ments,  always  faithful  and  industrious.  He  was 
a  lover  of  good  order,  remarkably  even  in  his 
temperament.  I  do  not  know  that  I  ever  saw  him 
excited  by  angry  passions,  or  betrayed  into  the 


8 


expression  of  disrespectful  language  towards  any 
one.  His  manners  were  well  calculated  to  win 
others  to  him,  and  command  influence  over  them. 
Hence  he  acquired  popularity,  which  was  the  con¬ 
sequence  of  his  uniformly  kind  deportment  towards 
others.  Such  were  some  of  the  prominent  excel¬ 
lences  in  his  college  life,  which  tended  to  form 
the  basis  of  the  solid  and  exemplary  character 
which  he  sustained  during  his  subsequent  life.” 

Immediately  after  his  graduation,  Mr.  Upham 
commenced  the  study  of  law,  in  the  office  of 
Hon.  David  Barker,  Jr.,  of  Rochester,  IS".  H. 
Having  completed  the  preparatory  studies,  he 
was  admitted  to  the  bar,  and  entered  upon  the 
practice  of  his  profession  in  Bristol,  IS".  H.  He 
remained  there  in  successful  practice,  securing 
more  and  more  the  confidence  of  the  community 
in  his  ability  and  integrity,  and  giving  increasing 
promise  of  an  honorable  future  in  his  profession, 
till  1829,  when  he  removed  to  Concord. 

He  continued  in  the  practice  of  the  law,  in 
the  wider  field  now  opened  before  him,  till 
1833,  when  an  important  change  occurred  in  his 
professional  life.  His  accurate  knowledge  of 
law,  his  success  in  the  practice  of  his  profession, 


9 


the  judicial  character  of  his  mind,  and  his  repu¬ 
tation  for  integrity  and  general  attainments  in 
knowledge,  led  to  his  selection  for  one  of  the 
most  important  and  responsible  offices  in  the 
State.  On  the  retirement  of  Judge  Harris  from 
the  bench,  Mr.  Upham  was  appointed  one  of 
the  Associate  Justices  of  the  Superior  Court  of 
]STew  Hampshire.  This  honor  was  the  more 
complimentary  as  it  was  conferred  upon  him  at 
the  early  age  of  thirty- two.  With  the  single 
exception  of  the  Hon.  Levi  Woodbury,  he 
was  the  youngest  man  that  had  been  placed 
upon  the  bench  in  New  Hampshire.  His 
faithful  and  able  discharge  of  the  high  duties 
of  the  office  fully  justified  the  appointment. 
His  associates  on  the  bench  were  all  men  of 
ability  ;  some  of  them  rank  high  among  the 
distinguished  jurists  of  the  country.  At  the 
time  of  which  we  are  now  speaking,  Hon. 
William  M.  Richardson  was  Chief- Justice, —  a 
man  greatly  respected  and  beloved  by  the  bar. 
Hon.  Joel  Parker,  afterwards  Chief- Justice,  came 
upon  the  bench  at  the  same  time  with  Mr.  Upham, 
—  a  man  whom  New  Hampshire  delighted  to 
honor  while  a  citizen  of  the  State,  and  whose  loss 


2 


10 


she  regretted  when  he  was  called  to  honorable 
service  in  a  neighboring  Commonwealth.  A 
worthy  associate  of  such  men,  Judge  Upham 
remained  upon  the  bench,  discharging  with  faith¬ 
fulness  and  ability  the  duties  devolving  upon  him 
till  1843,  a  period  of  ten  years.  The  principal 
reason,  probably,  of  his  leaving  the  bench,  and 
changing  almost  entirely  his  mode  of  life,  was  the 
state  of  his  health.  It  was  never  firm  at  best  ; 
and  the  labors  of  the  court,  the  confinement  and 
exposure  incident  to  the  life  he  was  called  to  lead, 
were  a  draft  too  severe  for  his  constitution  long 
to  endure.  Other  and  important  considerations 
also  had  their  influence  with  Judge  Upham  in 
leading  him  at  this  time  to  make  a  change  in 
what  appeared  to  be  his  settled  life-work,- — a 
work  to  which  his  taste  inclined  him,  and  for 
which,  in  the  judgment  of  many,  he  was  better 
qualified,  by  natural  and  acquired  talents,  than 
for  any  other. 

An  industrial  interest,  destined  to  exert  a 
most  important  influence  on  the  business  of  the 
country,  to  call  into  exercise,  in  an  unprecedented 
degree,  its  capital  and  labor,  to  change  in  a  great 
measure  the  ordinary  modes  of  travel  and  trans- 


11 


portation,  had  arisen  within  the  few  years  preced¬ 
ing  the  time  of  which  we  are  speaking.  It  was 
not  a  new  enterprise  merely  in  this  country;  it 
was  new  also  in  the  Old  World.  Railroads  had 
but  recently  come  into  use  in  England  and  on  the 
continent  of  Europe,  and  there  only  on  a  limited 
scale.  No  railroad  of  any  considerable  impor¬ 
tance  was  built  in  this  country  previous  to  1830. 

The  proper  management  of  this  department  of 
business  was  therefore,  at  that  time  and  for  some 
years  after,  very  imperfectly  understood.  In  1833 
the  railroad  from  Boston  to  Lowell  was  com¬ 
pleted  and  opened  for  use.  In  ten  years  from 
that  time,  a  road  connecting  with  it  was  extended 
to  Concord,  N.  H.  After  the  construction  of  the 
Concord  Railroad,  it  became  an  important  in¬ 
quiry  with  those  especially  interested  in  its  suc¬ 
cess,  to  what  leading  mind  the  management  of  it 
should  be  intrusted.  The  position  of  general 
superintendence  and  control  was  one  of  great  im¬ 
portance,  not  only  in  respect  to  those  pecuniarily 
concerned,  but  to  the  public  generally.  Very 
much  depended  upon  the  management  of  the 
road  at  first,  whether  the  growing  interest  in  this 
mode  of  internal  improvements  in  the  State  should 


12 


be  increased  and  at  once  made  productive  of 
good,  or  whether  it  should  be  checked  for  years. 
A  man,  therefore,  suitable  in  all  respects  to  stand 
at  the  head  of  the  newly-constructed  work,  and 
direct  its  atfairs,  was  very  desirable.  But  such  a 
man,  at  that  time,  it  was  not  easy  to  find.  Many 
interests  were  involved  in  the  new  movement. 
Many  important  legal  questions  were  likely  to 
arise  in  connection  with  it.  Great  knowledge 
of  men  and  business,  and  great  skill  in  affairs 
generally,  were  essential  qualifications  for  the  po¬ 
sition.  Attention  was  turned  to  Judge  Upham, 
who  had  been  greatly  interested  in  the  con¬ 
struction  of  the  road,  and  whose  influence  had 
contributed  very  much  to  the  completion  of  the 
work.  He  was  thought  to  possess,  in  a  high  de¬ 
gree,  the  requisite  qualifications.  He  resigned 
his  seat  on  the  bench,  and  accepted  the  office  of 
Superintendent  of  the  road.  When  the  business 
of  the  corporation  had  so  increased  as  to  require 
a  division  of  the  labors  devolving  upon  him,  he  was 
appointed  President.  In  managing  the  affairs  of 
the  road,  he  used  great  wisdom  and  judgment.  He 
was  careful  and  considerate ;  never  rash  nor  hasty ; 
never  carried  away  by  his  imagination  or  his  feel- 


13 


ings,  to  adopt  impracticable  or  unwise  meas¬ 
ures.  He  was  very  industrious  in  his  appropriate 
work,  —  always  laboring  fully  up  to  his  strength, 
often  beyond  it.  He  gave  to  it  his  best  thoughts, 
all  his  legal  knowledge,  and  all  his  experience. 
He  planned  wisely  and  successfully  for  the  en¬ 
largement  of  the  business  of  the  road.  He 
guarded,  with  great  prudence  and  foresight, 
against  everything  that  might  prove  dangerous 
in  any  degree  to  its  future  success.  Very  quietly, 
but  with  remarkable  perseverance,  he  labored  to 
accomplish  his  purposes.  No  difficulties  dis¬ 
couraged  him.  With  a  mind  fertile  in  resources, 
and  with  energy  untiring,  he  overcame  all  obsta¬ 
cles.  His  associates  in  office  always  found  him 
a  careful  adviser;  never  self-confident,  never  as¬ 
suming  powder  which  did  not  belong  to  him. 
Those  who  were  in  his  employment,  in  subordi¬ 
nate  positions,  have  occasion  to  remember  his 
considerate  kindness,  and  generous  appreciation 
of  their  services. 

When  we  take  into  account  the  inexperience  of 
the  country  in  the  management  of  railroads,  the 
difficulties  to  be  overcome,  the  labor  to  be  per¬ 
formed,  and  the  various  interests  to  be  harmo- 


14 


nized,  it  must  be  admitted  that  the  road  was  very 
successful  during  the  twenty-three  years  of  his 
connection  with  it.  After  giving  full  credit  to 
others,  its  success  may  justly  be  ascribed,  in  no 
small  degree,  to  his  wisdom  and  energy.  He 
held  the  office  of  President  till  1866,  when  his 
connection  with  the  road  ceased.  In  1853,  while 
still  connected  with  the  Concord  Railroad,  J udge 
Upham  was  called  to  the  performance  of  a  very 
important  service  for  the  country.  Various  claims 
which  had,  from  time  to  time,  during  a  period  of 
nearly  forty  years,  been  made  by  citizens  of  the 
United  States  upon  the  government  of  Great 
Britain,  and  by  the  subjects  of  Great  Britain  upon 
the  government  of  the  United  States,  remained 
unsettled,  to  the  great  injury  of  the  claimants  and 
the  good  feeling  of  the  two  nations.  The  reason 
for  this  unpleasant  state  of  things  which  had  so 
long  existed,  and  which  had  been  growing  worse 
from  year  to  year,  is  to  be  found  in  the  difficulty 
of  doing  justice  to  the  parties  concerned.  The 
evidence  in  respect  to  some  of  the  claims,  espe¬ 
cially  those  of  a  private  character,  was  often  so 
uncertain  and  conflicting  as  to  render  it  difficult 
to  reach  a  just  decision.  The  more  important 


15 


cases  at  issue  involved  principles  of  international 
law,  respecting  which  there  existed  a  great  differ¬ 
ence  of  opinion  between  the  two  governments. 
These  difficulties  had  for  a  considerable  time  been 
the  cause  of  unpleasant  feeling  between  the  two 
countries,  and  constituted  an  element  unfavorable 
to  the  continued  existence  of  friendly  relations. 
Efforts  had,  from  time  to  time,  been  made  to  ad¬ 
just  these  claims,  but  without  success.  They  had 
been  the  subject  of  careful  investigation  and 
frequent  discussion  by  the  ablest  American  and 
English  diplomatists.  No  hope  of  settlement 
by  ordinary  methods  remained.  In  this  state  of 
things,  the  two  nations  entered  into  a  convention 
February  8, 1853,  for  the  settlement  of  all  existing 
claims  of  every  kind  which  had  been  presented  to 
either  government  for  its  interposition  with  the 
other,  since  the  treaty  of  peace  in  1814;  and 
such  other  claims  occurring  since  that  time  as 
might  be  presented  to  the  commissioners  within  six 
months  of  their  first  meeting.  Under  this  con¬ 
vention  a  commission  of  claims  was  appointed  in 
July  of  the  same  year.  One  commissioner  was  to 
be  appointed  by  each  government,  and  the  two 
were  to  name  some  third  person  to  act  as  umpire 


16 


in  cases  in  which  the  commissioners  might  differ 
in  opinion.  Judge  Upham  was  appointed  on  the 
part  of  the  United  States,  and  Edmund  Hornby, 
Esq.,  on  the  part  of  Great  Britain.  Their  decis¬ 
ion  was  to  be  regarded  as  final,  and  in  accordance 
with  it,  all  the  claims  between  the  two  countries 
were  to  be  adjusted. 

The  appointment  of  Judge  Upham  for  this  ser¬ 
vice  was  regarded  as  eminently  wise.  A  writer 
in  a  leading  journal,  speaking  of  it  at  the  time, 
says:  "The  numerous  friends  of  Judge  Upham 
will  be  much  gratified  with  the  high  mark  of 
distinction  conferred  upon  him.  The  office  to 
which  he  is  appointed  is  one  of  scarcely  less  im¬ 
portance  than  that  of  minister  to  a  first-class 
power.  Its  duties  require  talents  of  no  ordinary 
character  for  their  correct  and  proper  discharge. 
Judge  Upham  possesses  all  the  requisites  for  an 
efficient  discharge  of  the  duties  which  this  ap¬ 
pointment  devolves  upon  him,  and  will  faithfully 
represent  the  interests  of  his  countrymen  in  all 
the  conflicting  claims  which  may  come  up  between 
the  two  governments,  and  their  citizens  and  sub¬ 
jects.  In  addition  to  practical  good  sense  and 
correct  business  habits,  he  is  a  sound  lawyer,  and 
a  scholar  of  superior  endowments.” 


17 


The  commission  met  in  London,  in  September, 
1853.  Within  the  time  allotted  them,  the  com¬ 
missioners  acted  upon  all  the  claims  that  were 
presented,  amounting  in  the  aggregate  to  many 
millions  of  dollars,  and  pronounced  upon  each  a 
deliberate  and  final  judgment.  In  accordance 
with  the  decisions  thus  rendered,  the  claims  were 
paid  by  the  respective  governments,  and  the  diffi¬ 
culties  of  long  standing  and  growing  irritation 
between  the  two  countries  were  amicably  and 
satisfactorily  settled.  The  convention  was  in  all 
respects  successful,  and  is  an  important  illustra¬ 
tion  of  what  may  be  accomplished  by  friendly 
arbitration  in  settling  national  difficulties.  The 
complete  success  of  the  convention  must  be  as¬ 
cribed,  in  a  great  measure,  to  the  candor,  pru¬ 
dence,  and  good  judgment  of  the  commissioners. 
Some  of  the  published  decisions  of  Judge  Upham, 
especially  those  in  which  principles  of  interna¬ 
tional  law  are  involved,  are  very  able, —  an  honor 
to  himself  and  to  the  country.  The  entire  work 
of  the  commission  was  satisfactory  to  both  coun¬ 
tries;  and  in  the  judgment  of  those  who  best 
understood  the  difficulties  involved,  it  was  accom¬ 
plished  in  a  manner  entitling  the  commissioners 


18 


to  great  praise,  and  to  the  gratitude  of  all  who 
were  especially  interested  in  the  work  committed 
to  them. 

Mr.  Buchanan,  then  minister  to  England,  in  a 
letter  addressed  to  Mr.  Marcy,  Secretary  of  State, 
at  the  close  of  the  commission,  bears  the  follow¬ 
ing  honorable  testimony  to  the  faithfulness  and 
ability  with  which  the  work  had  been  performed : 

It  would  scarcely  be  possible  for  any  individuals 
to  have  discharged  those  duties  in  a  more  satis¬ 
factory  manner.  The  business  of  the  commis¬ 
sion  was  conducted  by  Judge  Upham  and  Gen. 
Thomas,  in  their  several  spheres  of  action,  with 
much  ability  as  well  as  indefatigable  industry  and 
perseverance;  and  the  result  of  their  labors 
has  proved  to  be  quite  as  favorable  to  our  country 
as  could  have  been  reasonably  anticipated.  The 
action  of  this  commission  will  be  a  great  relief 
to  the  two  governments.  All  the  claims  of  the 
citizens  and  subjects  of  each  on  the  government 
of  the  other,  which  had  been  accumulating  since 
the  date  of  the  treaty  of  Ghent,  December  24, 
1814,  and  had  given  rise  to  so  much  diplomatic 
correspondence,  have  happily  now  been  decided, 
and  can  no  longer  become  subjects  of  discussion.” 


19 


Hon.  Edward  Everett,  who  had  given  much 
attention  to  the  subject  which  came  before  the 
commission,  and  who  knew  as  well  as  any  other 
man  in  the  country  the  difficulties  connected 
with  it,  bears  testimony  equally  honorable  with 
that  of  Mr.  Buchanan,  to  the  ability  and  faithful¬ 
ness  with  which  the  labors  of  the  commission 
had  been  performed.  In  a  letter  bearing  date  of 
April  21,  1855,  he  writes:  ”  The  commission  was 
admirably  managed  in  London.  It  wTas  certainly 
important  far  beyond  the  space  which  it  tills  in 
the  public  attention.  It  disposed  of  many  disa¬ 
greeable  and  irritating  questions  between  the  two 
governments;  settled  practically  some  points  of 
public  law,  as  far  as  such  a  tribunal  could  settle 
them;  and  relieved  onr  diplomacy  in  London  of 
much  of  the  labor  which  oppressed  it.  It  was  a 
source  of  sincere  gratification  to  me  that  its  exe¬ 
cution  fell  into  such  able  hands.” 

While  engaged  in  this  important  service  for 
his  country,  Judge  Upham  was  brought  into 
pleasant  relations  with  many  distinguished  men 
of  England.  During  his  residence  in  London 
he  formed  an  acquaintance  with  Mr.  George 
Peabody,  which  ripened  into  mutual  and  lasting 


20 


friendship.  He  did  not  fail  to  improve,  so  far  as 
official  duties  would  allow,  the  favorable  oppor¬ 
tunities  afforded  him  for  the  gratification  of  his 
taste  in  the  examination  of  valuable  works  of  lit¬ 
erature  and  art,  which  are  found  in  the  Old 
World.  He  visited,  as  far  as  he  was  able,  places 
of  especial  interest  to  the  American  scholar  and 
statesman,  in  England  and  on  the  continent. 

The  success  of  the  commission  in  adjusting  the 
difficulties  to  which  we  have  referred,  between  the 
United  States  and  Great  Britain,  probably  led  to 
the  selection  of  Judge  Upham  for  another  ser¬ 
vice  of  a  similar  kind.  In  a  commission  appoint¬ 
ed  in  1862  by  the  United  States  and  New 
Grenada,  for  the  settlement  of  claims  between 
the  two  countries,  Judge  Upham  was  chosen  um¬ 
pire.  His  labors  in  connection  with  this  office 
were  very  arduous,  and  resulted  in  an  illness  from 
which  he  did  not  fully  recover  for  more  than  two 
years.  At  the  time  of  his  death  his  name  was 
prominent  for  the  office  of  arbiter  in  a  mixed 
commission  between  the  United  States  and  the 
Republic  of  Mexico.  Judge  Upham  was  an 
earnest  and  consistent  advocate  of  friendly  arbi¬ 
tration,  as  a  means  of  settling  international  dif- 


21 


Acuities.  He  thought  that  much  might  be  done 
in  this  way  to  avoid  the  evils  of  war  ;  and  the 
success  of  the  convention  between  the  United 
States  and  Great  Britain  confirmed  him  in  his 
judgment.  His  views  on  the  general  subject  are 
clearly  set  forth  by  himself,  in  an  able  article  in 
the  w  Advocate  of  Peace,”  in  the  May  and  June 
number  of  1868. 

In  politics,  Judge  Upham  belonged  to  the 
school  of  Jefferson.  He  had  been  educated  in 
that  school,  had  grown  up  in  it  from  his  youth, 
and  heartily  accepted  its  general  principles  and 
policy.  Though  decided  and  pronounced  in 
his  political  principles,  and  a  prominent  member 
of  the  party  to  which  he  belonged,  he  was  not  a 
politician.  He  did  not  enter  the  arena  of  politics. 
His  voice  was  not  heard  in  the  counsels  of  the 
party.  His  political  influence  was  felt  rather  by 
the  weight  of  his  general  character,  his  well- 
known  principles  and  private  suggestions,  than 
by  the  public  exhibition  of  his  views.  He  did  not 
aspire  to  office;  and  in  only  a  few  instances  did  he 
hold  any  political  office  in  the  State.  He  was  a 
member  of  the  convention  called  in  1850,  to 
amend  the  Constitution  of  New  Hampshire.  In 


22 


that  convention  he  was  chairman  of  the  business 
committee,  and  contributed  much  by  his  legal  abil¬ 
ity  and  general  knowledge  of  the  subject  in  hand, 
to  the  successful  result  which  was  reached  by 
that  body.  In  1865  and  in  1866,  he  was  a  member 
of  the  State  Legislature,  and  was  very  prominent 
and  earnest  in  advocating  the  proposed  amend¬ 
ment  of  the  National  Constitution.  During 
these  sessions  of  the  legislature,  he  was  chair¬ 
man  of  the  committee  for  remodelling  the  State 
House.  His  labors  were  untiring  in  this  work, 
and  to  him,  probably  more  than  to  any  one  else, 
its  successful  completion  is  to  be  ascribed. 

We  should  signally  fail  to  do  justice  to  the 
public  life  of  J udge  Upham,  if  we  should  pass  over 
in  silence  the  important  service  which  he  rendered 
to  the  country,  in  the  years  of  its  greatest  trial 
and  adversity.  Difficulties  between  the  North 
and  the  South,  which  had  been  increasing  for 
some  years,  brought  the  two  sections  of  the  coun¬ 
try  into  hostile  collision  in  1861.  The  storm 
which  had  been  gathering  slowly  but  surely  then 
broke  with  terrible  violence  upon  the  nation. 
Judge  Upham  had  never  been  in  sympathy  with 
the  political  party  then  in  power.  He  had  never 


23 


acted  with  it.  He  deprecated,  in  some  important 
respects,  its  movements.  He  hoped  that  by  wise 
counsels,  by  moderation  and  continued  forbear¬ 
ance,  by  greater  yielding,  perhaps,  on  the  part 
of  the  North,  the  existing  troubles  could  be  set¬ 
tled,  and  the  terrible  crisis  avoided.  But  what¬ 
ever  might  have  been  his  views  as  to  the  general 
principles  on  which  the  government  should  be 
administered,  whatever  his  judgment  of  the 
course  pursued  by  the  dominant  party  towards 
the  South,  when  the  inevitable  crisis  came,  all 
considerations  of  a  personal  or  party  nature  were 
at  once  laid  aside.  He  no  longer  inquired  how 
we  became  involved  in  trouble,  but  simply  how 
we  could  be  saved  from  its  consequences.  The 
question  with  him  was  national,  in  the  widest 
and  broadest  sense  of  the  word.  Rising  above 
all  sectional  feeling,  he  looked  upon  the  whole 
country  as  one,  bound  together  by  natural  and 
historic-  bonds,  in  whose  continued  union  alone 
prosperity  in  every  part  could  be  enjoyed,  and 
the  nation  reach  the  position  of  honor  and  great¬ 
ness  to  which  it  was  evidently  destined  by  Prov¬ 
idence.  He  united  with  wise  and  good  men,  of 
whatever  previous  political  views,  in  the  solemn 


and  momentous  inquiry  of  the  hour,  How  shall 
this  land  of  the  fathers  be  saved  from  the  im¬ 
pending  ruin?  He  took  an  open  and  decided 
stand  at  once  on  the  side  of  the  government,  in 
the  exercise  of  all  the  influence  which  he  could 
exert.  Probably  some  of  the  measures  adopted 
by  those  in  power  did  not  meet  his  full  approval. 
It  was  enough  for  him  that  they  were  as  a  whole 
wise,  and  the  best  that  in  the  circumstances  could 
be  secured.  He  gave  them,  therefore,  his  hearty 
support.  It  is  the  opinion  of  those  who  are  com¬ 
petent  to  judge  in  the  matter,  that  no  man  in  the 
country  better  understood  the  great  controversy 
that  divided  the  nation,  and  that  very  few  contrib¬ 
uted  more  towards  the  final  result,  than  Judge 
Upham. 

His  addresses  delivered  on  public  occasions, 
his  letters  and  essays  published  in  leading  news¬ 
papers  and  in  pamphlet  form,  and  distributed 
through  the  country,  were  able  discussions  of 
the  points  at  issue,  and  exerted  great  influence 
in  the  cause  of  the  Union.  His  address  on 
"  Rebellion,  Slavery,  and  Peace,”  delivered  in 
Concord,  was  afterwards  published  by  the  ”  Loyal 
League  Publication  Society,”  in  New  York.  It 


25 


had  a  wide  circulation  in  all  the  loyal  States.  He 
accepted  heartily  the  emancipation  proclamation 
of  President  Lincoln,  both  as  to  its  expediency, 
and  its  constitutionality  as  a  war  measure.  Af¬ 
ter  candid  and  mature  deliberation,  he  expressed 
his  opinion  in  regard  to  the  continued  existence 
of  slavery  in  the  following  words :  w  There  can 
be  no  reasonable  assurance  of  a  permanent  peace 
while  slavery  exists.”  He  took  even  stronger 
ground  in  favor  of  its  abolition  than  is  implied  in 
these  emphatic  words.  He  held  that,  w  if  any  one 
should  doubt  whether  slavery  was  necessarily  the 
death  of  the  Union,  still  if  he  believed  its  exist¬ 
ence  would  seriously  endanger  and  imperil  it, 
that  danger  should  ensure  its  overthrow.” 

During  the  war  he  addressed  a  letter  to  Hon. 
Gilman  Marston,  Representative  in  Congress  from 
New  Hampshire,  entitled  "  The  Present  Crisis,” 
in  which  he  discussed  with  candor  and  ability 
the  principles  involved  in  the  controversy  between 
the  North  and  the  South.  It  was  published  in 
many  of  the  leading  Republican  papers  of  the 
country,  and  was  received  by  the  friends  of  the 
Union  with  great  favor.  Those  who  were  inti¬ 
mate  with  Judge  Upham  during  this  dark  period 

4 


26 


of  our  history,  can  testify  to  his  all-absorbing 
interest  in  the  struggle  of  his  country  for  exist¬ 
ence*  his  anxiety  for  her  welfare;  his  readiness 
to  perform  any  service,  and  to  make  any  sacrifice 
for  her  preservation;  and  his  earnest  prayers  in 
her  behalf  to  Him  in  whose  hands  are  the  des¬ 
tinies  of  nations  as  well  as  of  individuals.  I 
remember  well  a  short  address  which  he  made  at 
Dartmouth  College,  during  the  darkest  days  of 
the  rebellion.  With  more  than  his  wonted  energy 
he  spoke  of  the  interests  at  stake  in  the  terrible 
struggle,  and  urged  upon  the  Alumni  of  the  Col¬ 
lege  who  were  present  their  obligations  to  the 
country  in  the  crisis  through  which  we  were 
passing.  He  was  always  hopeful  and  assured  of 
success,  whatever  might  be  the  trials  which  we 
should  be  called  to  bear.  He  recognized  in  the 
calamities  which  had  come  upon  us  the  Hand 
which  had  been  signal  in  the  early  history  of  the 
country;  which  had  laid  here  the  foundations  of 
freedom  and  religion;  which  had  blessed  us  and 
made  us  a  blessing  to  the  nations;  and  his  faith 
in  the  Cod  of  the  fathers  never  failed  him. 
While  that  Hand  was  heavy  upon  us,  he  under¬ 
stood  the  meaning  of  it,  and  foresaw  the  result. 


27 


He  saw,  as  his  own  eloquent  words  expressed 
it,  that  "the  crisis  had  come;  that  the  inevitable 
hour  in  the  destiny  of  the  nation  had  arrived 
when  we  were  to  be  put  to  the  trial,  to  test  the 
appreciation  of  the  blessings  and  worth  of  the 
heritage  of  freedom  our  fathers  had  bequeathed 
to  us.  ...  I  desire  to  thank  Grod,  that  the  spirit 
of  the  people  is  not  wanting  to  the  occasion.  I 
trust  we  shall  yet  live  and  die  together  under  the 
old  flag  of  our  fathers.” 

While  Judge  Upham  was  thus  engaged  in  pro¬ 
fessional  and  business  life,  and  in  the  services  for 
his  country  to  which  we  have  referred,  he  had 
tastes  stronger  and  more  characteristic  than 
those  which  found  expression  in  the  pursuits  that 
mainly  fixed  the  public  attention.  Much  as  he 
loved  the  law,  both  its  study  and  its  practice; 
much  as  he  was  interested  in  profound  legal 
investigations  and  nice  judicial  discriminations; 
earnest  as  he  was  in  the  pursuits  of  practical  life, 
in  developing  the  great  industrial  interests  of 
the  country, — there  was  beneath  all  this  a  strong 
literary  taste,  a  passion  almost  for  books,  which, 
had  circumstances  favored,  would  have  given  a 
different  shape  and  direction  to  his  life.  This 


28 


taste,  as  we  have  seen,  was  natural  to  him.  It 
was  quite  remarkable  in  his  early  youth,  and  was 
a  marked  characteristic  of  his  student  life  while 
in  college.  In  after  years,  when  called  to  sterner 
duties  and  more  active  pursuits,  he  never  forsook 
his  first  love.  That  early  taste  was  improved 
and  gratified  to  an  extent  of  which  the  com¬ 
munity  around  him,  and  many  who  were  conver¬ 
sant  with  him  in  business  relations,  were  little 
aware.  His  leisure  hours  —  hours  saved  from 
sleep,  from  unprofitable  society,  and  from  unneces¬ 
sary  business  —  were  devoted  to  literary  pursuits. 
There  was  no  place  which  he  loved  so  well  as  his 
library.  It  was  the  only  room  in  his  house  in 
which  he  felt  entirely  at  home.  There,  after  the 
labors  of  the  day,  he  found  rest  of  body  and  rest 
of  mind  in  communion  with  his  favorite  authors. 
His  spirit  was  refreshed  with  the  rich  thoughts 
and  flowing  periods  of  the  classic  writers  of 
ancient  and  modern  times.  He  forgot  the  cares 
and  anxieties  of  the  present,  in  the  quiet  and 
stillness  of  the  past.  He  escaped,  for  a  time, 
from  the  unreasonable  and  troublesome  men  of 
daily  life,  to  the  scholars  of  other  times  and 
other  lands.  The  late  hours  of  night  often 


29 


found  him  in  his  chosen  place,  and  at  ’his  self-im¬ 
posed  task.  His  reading  was  various,  embracing 
almost  every  field  of  literature,  including  ethics, 
theology,  and  the  best  works  on  practical  religion. 
He  had  some  acquaintance  with  all  the  literary 
works,  of  any  considerable  merit,  which  were  from 
time  to  time  issuing  from  the  press.  But  while 
his  reading  was  broad  and  comprehensive  in  its 
range,  it  was  also  select.  There  were  subjects 
to  which  his  tastes  did  not  particularly  incline 
him,  and  of  which  he  was  content  to  be  ignorant. 
He  not  only  read  much,  but  he  read  well.  He 
read  with  an  object  in  view.  Every  volume  that 
passed  through  his  hands  bore  evidence  of  his 
careful  observation.  He  had  a  great  love  for  old 
and  rare  works,  and  for  choice  editions  of  stand¬ 
ard  authors;  and  to  the  extent  of  his  means 
placed  them  upon  the  shelves  of  his  own  library. 
If  he  was  tempted  to  extravagant  expenditure 
in  anything,  it  was  in  this  direction.  When  in 
England  and  upon  the  Continent,  the  objects 
which  interested  him  most  were  rare  and  curious 
books  and  works  of  art;  and  in  the  larger  cities 
of  our  own  country,  the  places  of  his  frequent 
and  favorite  resort  were  antiquarian  bookstores. 


30 


He  was  not  only  a  diligent  and  various  read¬ 
er,  but  a  very  careful  and  industrious  writer. 
Writing  was  as  much  a  matter  of  taste  with  him, 
as  reading.  He  did  not  write  from  compulsion;  he 
wrote  because  he  loved  to  write.  He  wrote  with 
ease,  and  wrote  much.  His  style  as  a  writer  was 
chaste,  pure,  and  manly.  It  was  always  clear  and 
forcible,  and,  when  occasion  required,  eloquent. 
The  easy  and  graceful  forms  of  expression  in 
which  his  thoughts  were  clothed,  are  evidence  of 
his  culture,  and  of  his  familiar  acquaintance  with 
the  best  writers  of  the  language.  Nothing  un¬ 
finished  was  allowed  to  pass  from  his  hand,  not 
even  an  ordinary  business  letter. 

Judge  Upham  was  engaged  for  many  years  on 
a  literary  work  in  which  he  felt  great  interest, 
and  to  which  he  devoted,  in  the  later  years  of  his 
life  especially,  most  of  his  leisure  hours.  It  may 
properly  be  termed  a  w  Dictionary  of  Thought.” 
It  is  a  collection  of  the  best  thoughts  of  authors, 
ancient  and  modern,  which  he  had  collected  in 
his  extensive  reading,  and  also  valuable  maxims 
which  were  the  fruit  of  his  own  reflections. 
These  are  classified  according  to  subjects,  in 
divisions  and  subdivisions  so  minute  and  full, 


31 


that  anything  contained  in  the  collection  can 
easily  be  found.  When  published  it  will  make 
three  or  four  large  volumes.  It  is  regarded  by 
those  who  have  carefully  examined  it,  as  a  work 
of  great  merit,  and  one  that  will  fill  an  important 
place  in  literature.  One  whose  judgment  is 
worthy  of  confidence,  remarks  respecting  it: 
"  The  completeness  and  extent  of  this  work; 
its  admirable  plan;  its  clear  and  systematic 
arrangement;  its  satisfactory  and  exhaustive 
character;  its  excellence,  in  whatever  light  viewed 
by  the  critic, —  are  at  once  a  wonder  to  the 
reader,  and  a  proof  of  the  great  literary  attain¬ 
ments  of  its  author.”  Among  the  manuscripts 
which  he  left,  is  a  metrical  version  of  the 
book  of  Job.  It  was  prepared  during  the  last 
years  of  his  life,  and  bears  marks  of  extensive 
reading  on  the  subject  of  Hebrew  poetry. 
Though  not  designed  for  publication,  it  is 
thought  by  competent  judges  well  worthy  of 
public  attention. 

Judge  Upham  never  sought  occasions  for 
appearing  in  public;  but  when  such  occasions 
occurred,  he  met  them  with  appropriateness  and 
ability.  On  the  17th  of  June,  1835,  agreeably  to 


a  resolution  of  the  Legislature  of  New  Hamp¬ 
shire,  Judge  Upham  delivered  a  eulogy  on  Lafay¬ 
ette,  the  news  of  whose  death  had  then  lately 
reached  this  country.  It  was  an  occasion,  as 
some  now  living  will  remember,  of  great  interest. 
A  large  and  intelligent  audience,  composed  of 
the  governor  and  council,  both  houses  of  the 
legislature,  distinguished  men  from  different  parts 
of  the  State,  and  some  from  other  States,  assem¬ 
bled  at  the  North  Church  in  Concord,  to  hear 
words  appropriate  to  the  solemn  event  which  had 
called  to  mourning  the  friends  of  liberty  through¬ 
out  the  world.  The  eulogy  was  received  with 
great  favor,  and  was  highly  appreciated  by  all 
who  listened  to  it.  It  was  afterwards  published 
by  order  of  the  legislature.  It  bears  marks  of 
careful  preparation,  and  is  a  very  able  as  well  as 
appropriate  production.  The  author  was  judicious 
in  his  selection  of  the  important  incidents  in  the 
private  and  public  life  of  the  distinguished  for¬ 
eigner,  and  in  presenting  the  prominent  traits  of 
his  character.  It  would  be  difficult  to  find  else¬ 
where  so  much  valuable  information  on  the  life 
and  times  of  Lafayette,  in  so  brief  a  space.  The 
eulogy  was  not  only  listened  to  with  great  interest 


33 


by  the  audience,  but  was  favorably  noticed  after 
its  publication.  The  Boston  Morning  w  Post,”  of 
July  7,  1835,  speaks  of  it  in  terms  of  high  com¬ 
mendation.  "  From  a  knowledge,”  says  the 
writer,  ”  of  Judge  Upham’s  high  reputation  as  a 
finished  scholar,  we  were  induced  to  give  this 
production  a  more  attentive  perusal  than  we  gen¬ 
erally  find  time  to  bestow  upon  those  of  a  similar 
character.  It  is  worthy  of  being  read,  and  re¬ 
dounds  much  to  the  credit  of  the  author.  Cor¬ 
rect  taste,  extensive  research,  and  uncommon 
ability  are  all  happily  combined  in  its  pages. 
Although  it  was  evidently  the  design  of  its  author 
to  furnish  only  an  unvarnished  history  of  facts, 
yet  he  was  occasionally  carried  away  by  the 
sublimity  of  the  subject,  and  poured  forth  his 
feelings  in  a  strain  of  eloquence  of  surpassing 
richness  and  beauty.”  Copies  of  the  eulogy 
were  transmitted  to  the  family  of  General  Lafay¬ 
ette.  His  son,  George  Washington  Lafayette,  in 
a  letter  to  Judge  Upham,  appropriately  and 
gratefully  acknowledged  the  tribute  of  respect 
so  ably  and  gracefully  paid  to  the  memory  of  his 
honored  father. 

In  1837,  Judge  Upham  delivered  in  Concord, 

5 


34 


before  the  Lyceum,  an  address  on  cemeteries.  He 
had,  in  its  preparation,  an  object  beyond  that  of 
simply  meeting  appropriately  the  demand  of  the 
occasion.  He  wished  to  awaken  a  deeper  inter¬ 
est  in  the  community  on  the  subject  of  the  appro¬ 
priate  burial  of  the  dead.  The  address  is  charac¬ 
terized  by  a  careful  and  extensive  examination  of 
the  modes  and  places  of  burial  of  other  ages  and 
countries,  and  of  the  important  facts  in  the  his¬ 
tory  of  nations  which  bear  upon  the  subject.  In 
style  and  thought,  it  is  a  model  of  composition. 
His  great  interest  in  the  subject  discussed 
was  afterwards  manifested  practically,  in  con¬ 
nection  with  his  fellow-citizens,  in  securing  and 
preparing  the  beautiful  grounds  where  his  own 
remains  now  repose.  Many  whose  friends  lie 
buried  there  will  adopt,  as  expressive  of  their 
own  feelings,  the  beautiful  words  with  which  he 
closed  his  address  on  that  occasion:  "Hallowed 
be  the  spot  where  lie  their  mortal  remains.  Let 
the  sod  which  covers  them  be  kept  green  by  our 
tears;  let  the  springing  bud  and  the  opening 
flower  show  by  their  culture  that  it  is  fixed  in 
the  memory;  let  its  reflections  and  associations 
come  home  to  the  heart,  and  be  borne  with  us 


35 


as  we  struggle  on  in  our  daily  pathway  through 
this  wilderness  world.  But  blessed,  thrice  blessed, 
be  the  hope  that  from  this  place  of  the  utter  pros¬ 
tration  of  man’s  mortal  strength,  he  may  rise 
clothed  upon  with  immortality;  and  that  though 
our  earthly  house  of  this  tabernacle  be  dissolved, 
there  yet  may  remain  to  us  a  rest  beyond  the 
grave,  a  house  not  made  with  hands,  eternal 
in  the  Heavens.”  He  also  delivered  an  ad¬ 
dress  before  the  New  Hampshire  Historical 
Society,  on  "  The  Progress  of  Civil  and  Religious 
Liberty  in  New  Hampshire,  as  exhibited  in  the 
various  changes  in  the  form  of  its  government,  and 
acts  of  its  Provincial  and  State  Legislature.”  It 
evinced  careful  research,  and  contained  facts  im¬ 
portant  in  the  history  of  the  State.  Judge 
Upham  was  one  of  the  original  members  of  the 
w  Concord  Society  of  Natural  History,”  a  subject 
in  which  he  felt  great  interest.  He  became  a 
member  of  the  New  Hampshire  Historical  Society 
in  1833,  and  continued  a  most  efficient  and 
valuable  member  while  he  lived.  He  was  three 
years  President  of  the  Society.  In  1862 
Dartmouth  College  conferred  upon  him  the 
honorary  degree  of  Doctor  of  Laws. 


36 


Such  an  example  of  literary  culture,  of  liberal 
study,  of  broad  and  generous  scholarship,  in  con¬ 
nection  with  the  pressing  duties  of  professional 
and  business  life,  is  worthy  of  special  notice  and 
commendation.  It  is  full  of  encouragement  as 
evidence,  not  only  of  what  is  desirable,  but  of 
what  is  practicable  also  far  more  generally  than  is 
common.  Such  labors  in  the  broad  field  of  liter¬ 
ature,  though  not  as  complete  as  could  be  desired, 
though  often  interrupted,  have  a  most  excellent 
moral  influence.  They  tend  to  restrain  unrea¬ 
sonable  desires  for  wealth,  to  check  unworthy 
ambitions,  to  give  breadth,  completeness,  and 
grace  to  character,  to  enrich  the  mind  with  good 
learning,  to  quicken  and  strengthen  all  its  powers, 
and  make  it  productive  of  the  choicest  fruits. 

The  character  of  Judge  Upharn  as  a  citizen 
is  very  favorably  remembered  in  the  community 
where  he  spent  the  largest  part  of  his  life. 
He  was  a  resident  of  Concord  for  more  than 
forty  years,  and  his  name  is  intimately  associ¬ 
ated  with  the  growth  and  prosperity  of  the 
place  during  all  that  time.  He  was  interested  in 
all  wise  measures  for  the  public  good.  He  was  a 
leading  mind  in  devising  methods  of  improvement 


37 


and  very  efficient  in  carrying  them  into  effect. 
Quiet  and  unobtrusive  in  his  manner,  acting  with 
great  wisdom  and  prudence,  using  modest  words 
and  strong  arguments  on  all  proper  occasions,  he 
made  his  influence  felt  to  an  extent  of  which  few 
at  the  time  were  aware.  His  fellow-citizens  had 
learned  to  place  great  confidence  in  his  judg¬ 
ment,  for  they  knew  his  prudence  and  foresight, 
and  that  his  opinion  on  any  important  subject  was 
never  formed  without  careful  consideration  of 
everything  that  pertained  to  it.  Hence  he  became 
a  pillar  in  the  community;  a  man  on  whom  others 
could  lean, —  on  whom  they  did  lean  more  and  more 
as  years  passed  on.  This  commanding  position 
was  not  the  result  of  social  qualities  especially 
attractive  to  the  public,  or  of  efforts  on  his  part 
to  win  favor.  His  controlling  influence  in  the 
community  was  based  wholly  on  his  superior  in¬ 
telligence  and  good  judgment,  in  connection 
with  the  excellence  of  his  general  character. 
His  advice  was  sought,  because  advice  from  him 
was  regarded  as  valuable.  His  opinions  were 
waited  for  and  listened  to,  because  all  had  learned 
that  his  opinions  were  wise  and  safe.  At  the 
time  of  his  death  there  was,  perhaps,  no  man  in 


the  community  who  inspired  more  general  confi¬ 
dence  than  he,  or  who  was  thought  to  be  more 
important  to  the  interests  of  the  town. 

The  influence  of  Judge  Upham  in  his  public  and 
private  life,  w~as  owing  in  no  small  degree  to  the 
conviction  which  was  felt  by  all,  that  he  was  an 
honest  man;  honest  and  fair,  not  only  in  the  for¬ 
mation  and  expression  of  his  opinions,  but  honest 
in  the  ordinary  sense  of  the  word,  in  all  his  deal¬ 
ings  with  his  fellow-men,  in  all  his  business 
transactions  of  every  kind.  This,  indeed,  is  a 
tribute  of  no  ordinary  character,  to  pay  to  a  man 
in  the  very  place  where  his  life-work  was  per¬ 
formed,  and  where  his  character  was  well  known 
by  men  of  all  classes,  with  whom  he  transacted 
business.  But  it  is  a  tribute  which  is  his  due, 
and  which  I  am  happy  to  pay  to  his  memory 
as  we  publicly  commemorate  his  virtues.  He 
was  a  man  of  uprightness  and  strict  integrity, 
a  man  who  was  true  to  his  engagements, 
faithful  to  every  contract,  expressed  or  implied, 
doing  what  he  regarded  as  right  in  the  sight 
of  Grod  and  man.  This  is  the  judgment  which 
the  entire  community,  with  one  consent,  has 
pronounced.  "It  is  much  to  his  praise,”  said 


39 


his  pastor,  Rev.  Mr.  Blake,  on  the  Sabbath 
after  his  funeral,  in  a  discourse  appropriate  to 
the  occasion,  w  that  it  can  be  justly  said  of  him, 
he  has  completed  a  long  life  of  business  with  all 
classes  of  men,  and  gone  down  to  his  grave  with¬ 
out  a  spot  upon  him.” 

Judge  Upham  was  a  man  of  great  industry 
and  perseverance.  He  was  patient  of  labor, 
shrinking  from  no  task,  working  usually  be¬ 
yond  his  strength,  and  carefully  improving 
every  moment  of  time.  Though  his  health  was 
never  firm,  yet  with  great  care  of  himself, 
and  a  wise  use  of  his  strength,  he  accom¬ 
plished  more  than  most  men  of  a  sound  con¬ 
stitution.  He  worked  to  advantage,  as  well  as 
industriously.  He  was  regular  and  systematic 
in  all  his  habits  of  study  and  business.  He  never 
entered  upon  any  course  of  action  until  he  had 
thoroughly  examined  it.  He  saw  all  the  difficul¬ 
ties  connected  with  it.  He  weighed  them  well. 
He  did  not  underrate  them.  He  saw,  too,  the 
advantages  to  be  gained,  and  the  true  grounds 
of  success.  From  this  habit  of  taking  a  full 
view  of  a  subject,  and  of  keeping  that  view  con¬ 
stantly  before  him,  he  was  earnest  rather  than 


40 


enthusiastic.  He  expected  to  meet  difficulties, 
and  was  prepared  for  them.  "When  he  had  once 
committed  himself  to  an  object,  he  was  decided 
and  persevering  till  it  was  accomplished. 

Early  in  his  professional  life,  while  in  the  prac¬ 
tice  of  law  at  Bristol,  Mr.  Upham  took  an  open 
and  decided  stand  as  a  Christian.  In  the  retire¬ 
ment  of  his  room,  and  at  a  time  of  no  unusual 
religious  interest  in  the  community,  he  gave 
the  subject  of  the  Christian  religion  his  most 
earnest  attention,  in  its  relation  to  his  own 
personal  wants.  He  became  fully  convinced 
of  his  need  of  a  living  faith  in  the  Redeemer  of 
men.  He  accepted  Him  as  his  guide  in  life,  and 
as  the  ground  of  his  hopes  for  eternity.  He  at 
once  united  himself  in  covenant  with  the  people 
of  Grod.  On  his  removal  to  Concord,  he  became 
a  member  of  the  First  Congregational  Church  in 
that  city,  and  continued  a  member  till  1837. 
About  that  time,  it  was  thought  desirable,  in 
order  to  furnish  the  increasing  population  of  the 
place  with  the  means  of  religious  instruction,  to 
establish  another  religious  society,  and  build 
another  house  of  worship.  Judge  Upham  was 
greatly  interested  in  this  enterprise,  if  not  the 


41 


leading  mind  in  originating  it.  In  the  organiza¬ 
tion  of  the  South  Church,  he  was  one  of  the 
original  members,  and  one  of  a  few  leading  men 
in  the  society  who  erected  their  first  house  of 
worship.  When  that  was  destroyed  by  fire,  in 
1859,  he  was  foremost  in  all  the  measures  taken 
for  building  another.  To  his  energy,  perse¬ 
verance,  and  wise  counsels  is  the  present  con¬ 
venient  and  tasteful  edifice  very  much  owing. 
He  felt  and  manifested,  from  first  to  last,  a  deep 
interest  in  all  that  pertained  to  the  prosperity 
of  the  church  and  society.  He  contributed  liber¬ 
ally  to  sustain  the  institutions  of  religion,  and 
was  a  constant  attendant  on  the  services  of  the 
sanctuary  and  the  ordinary  meetings  of  the 
church.  He  was  a  careful  student  of  the  Scrip¬ 
tures,  accepting  them  with  full  confidence  as  the 
inspired  word  of  God,  and  a  sufficient  rule  of 
faith  and  practice.  He  was  intelligent  in  the 
doctrines  of  Christianity,  —  the  great  facts  on 
which  rests  the  whole  scheme  of  human  redemp¬ 
tion.  He  stood  with  a  firm  faith,  with  a  con¬ 
fidence  never  shaken,  on  the  foundation  of  the 
apostles  and  prophets,  Jesus  Christ  himself  being 

the  chief  corner-stone.  In  theology  he  belonged 
6 


42 


to  the  school  of  Augustine,  Calvin,  and  the  early 
fathers  of  New  England.  In  church  polity,  he 
was  a  decided  Congregationalist,  loving  the  same 
liberty  in  the  church  of  which  he  was  ever  the 
strenuous  advocate  in  the  state.  In  his  religious 
life  he  was  not  demonstrative,  though  always 
firm  and  decided  in  his  religious  opinions,  and 
consistent  in  his  conduct.  He  was  remarkable, 
above  most  men,  for  his  recognition  of  the  hand 
of  God  in  all  the  events  of  providence,  and  for 
his  confidence  in  His  wisdom  and  goodness,  even 
in  the  darkest  hours  of  human  experience.  Be¬ 
lieving,  as  he  did,  that  the  Gospel  is  the  only 
effectual  remedy  for  human  woes,  the  only  foun¬ 
dation  for  individual  happiness  and  national  pros¬ 
perity,  he  was  deeply  interested  in  all  wise 
methods  for  extending,  as  widely  as  possible,  the 
truths  of  the  Christian  religion.  He  was  a  warm 
friend  of  the  missionary  work  in  all  parts  of  the 
world.  He  was  especially  interested,  for  many 
years,  in  African  Colonization;  and  never  lost 
his  interest  or  his  confidence  in  this  method  of 
benefiting  the  African  race  on  this  continent 
and  in  their  fatherland.  He  was  for  many  years 
President  of  the  New  Hampshire  Colonization  So- 


43 


ciety,  and  held  the  office  at  the  time  of  his  death. 
He  was  a  true  friend  and  patron  of  every  good 
work.  The  loss  of  such  a  man,  when  such  men 
are  so  much  needed,  cannot  be  estimated. 

No  one  can  fully  appreciate  the  character  of 
Judge  Upham  who  did  not  know  him  intimately 
in  the  retirement  of  home,  in  his  more  private 
social  and  domestic  relations.  He  was  a  man  of 
deep  and  strong  affections,  of  warm  and  tender 
sensibilities.  He  was  very  strongly  attached  to 
his  relatives  and  near  friends.  He  loved  with  a 
tenderness  and  devotion  very  remarkable,  the 
parents,  the  brothers  and  sisters  who  composed 
the  family  of  his  childhood  and  youth.  He  fol¬ 
lowed  with  affection  and  pride  the  success  of 
those  who  began  life  with  him  in  that  early  home. 
He  rejoiced  in  the  honors  conferred  upon  them 
in  after  life, —  more,  even,  than  if  they  had  been 
conferred  upon  himself.  As  one  after  another 
of  them  fell  in  the  race  of  life  before  him,  he 
mourned  deeply  their  loss,  and  most  tenderly 
cherished  their  memory,  while  his  heart  clung 
to  those  who  remained,  and  who  have  survived 
him,  with  a  still  warmer  love  than  before.  The 
same  kind,  gentle,  and  affectionate  spirit  was 


44 


the  light  ancl  joy  of  his  own  household,  of 
the  home  of  his  maturer  years.  The  cares  and 
perplexities  of  business  were  not  allowed  to  in¬ 
trude  into  the  place  sacred  to  quiet  and  repose,  to 
domestic  love  and  friendship.  He  was  happy  in 
his  home,  and  he  made  his  home  happy.  Many 
are  the  friends  of  the  family  who  will  long  re¬ 
member  the  pleasant  smile  with  which  he 
welcomed  them  to  his  house,  his  kind  words,  and 
many  acts  of  courtesy  by  which  he  showed  his 
regard  for  them;  how  heartily  and  fully  he  gave 
himself  up  to  their  enjoyment;  how  freely  and 
without  reserve  he  conversed  on  all  subjects, 
the  minor  topics  of  the  day,  as  well  as  those 
which  pertained  to  more  important  interests. 
In  all  such  intercourse  he  was  frank,  modest,  and 
carefully  attentive  in  all  respects  to  the  happiness 
of  his  friends.  But  however  free  and  apparently 
unguarded  in  his  conversation,  he  never  indulged 
in  ungenerous  remarks  of  others.  There  was 
nothing  harsh  or  severe  in  his  nature  to  prompt 
the  bitter  remark  or  unkind  judgment.  He  loved 
the  society  of  the  young.  He  entered  into  their 
feelings  as  fully,  apparently,  as  though  he  were 
of  their  age.  He  contributed  to  their  enjoyment 


45 


by  humorous  and  playful  remarks,  as  well  as  to 
their  instruction  b}"  his  grayer  discourse. 

In  18(37,  Rev.  W.  F.  V.  Bartlett,  now  Pro¬ 
fessor  in  Oakland  College,  Miss.,  spent  some 
months  in  the  family  of  Judge  Upham.  In  a 
letter  written  since  his  decease  to  Mrs.  Upham,  he 
says :  w  I  had  not  quite  realized  till  my  visit  to  you 
that  my  noble  and  venerated  friend  was  indeed 
withdrawn  to  the  better  world.  I  needed  to  go 
where  I  had  known  him  so  well,  been  brought 
into  such  familiar,  loving  contact  with  him,  and 
there  miss  his  step,  his  voice,  and  his  smile,  miss 
him  in  his  study  and  the  drawing-room  and  at 
the  table,  in  all  that  dignity  and  charm  which  he 
threw  around  the  family  circle,  to  realize  that  he 
was  gone.  I  think  no  one  can  know  how  great 
and  good  he  was,  who  had  not  seen  him  in  the 
freedom  and  intercourse  of  the  home  circle.  It 
was  there  that  he  laid  aside  that  barrier  of  reserve 
and  inflexible  dignity  in  which  he  seemed  to  be 
encased  in  public,  and  showed  a  heart  as  simple 
as  a  child’s,  and  as  pure  and  delicate  as  a  woman’s. 
How  often  have  I  seen  his  countenance  —  I  see 
it  now  —  beaming  with  the  light  and  sweetness 
of  love,  as  I  remember  him  the  winter  I  spent 


46 


with  you.  He  seemed  to  be  invariably  cheer¬ 
ful,  invariably  thoughtful,  affectionate,  tender 
towards  those  around  him,  never  throwing  away 
among  strangers,  but  reserving  for  his  own  fire¬ 
side  his  most  genial  words.” 

Judge  Upham  was  twice  married.  His  first  wife 
was  Miss  Betsey  W.  Lord,  daughter  of  Nathaniel 
Lord,  of  Kennebunkport,  Me.  She  died  in  Concord 
on  the  17th  of  August,  1833,  aged  twenty-three 
years.  The  two  children  of  this  marriage  survive, 
—  Mrs.  Elizabeth  L.  "Walker,  wife  of  Joseph  B. 
"Walker,  Esq.,  of  Concord,  and  Rev.  Nathaniel  L. 
Upham,  of  New  Jersey.  His  second  wife,  who  now 
survives  him,  is  the  daughter  of  Rev.  Abraham 
Burnham,  D.D.,  pastor  for  more  than  forty  years 
of  the  Congregational  Church  in  Pembroke,  N. 
H.  The  children  of  this  marriage  have  both 
passed  away ;  one,  an  infant  daughter,  died  in 
1814;  the  other,  Francis  A.  Upham,  died  in  Al¬ 
toona,  Pa.,  April  3,  1867,  aged  twenty-nine  years. 

-The  most  useful  and  honored  life  must,  at 
length,  come  to  an  end.  Near  the  close  of  the 
year  1869,  Judge  Upham  left  his  home  early  in 
the  morning  for  Boston,  to  transact  some  impor¬ 
tant  business.  For  some  time  previous  he  had 


47 


been  uncommonly  well,  but  on  that  morning  he 
was  not  in  his  usual  health,  though  of  this  he  said 
nothing  at  the  time.  Before  he  reached  Boston 
he  was  quite  ill.  He  transacted  his  business  with 
difficulty,  and  returned  to  his  home  on  the  evening 
of  the  same  day.  He  immediately  took  his  bed 
and  never  rose  from  it  again.  His  family  physi¬ 
cian  was  called  during  the  night;  all  was  done  for 
him  that  medical  skill  could  suggest,  but  in  vain. 
He  died  on  Saturday,  December  11,  at  the  age  of 
sixty-eight  years. 

His  funeral  took  place  on  the  next  Wednes¬ 
day  at  his  late  residence,  and  was  attended  by 
a  large  number  of  the  citizens  of  the  place, 
and  by  many  friends  and  acquaintances  from 
abroad.  After  the  funeral  services,  which  were 
simple  and  impressive,  he  was  carried  by  his 
neighbors  and  friends  to  his  final  resting-place, 
and  laid  by  the  side  of  those  whom  he  loved  so 
well  in  life,  and  whose  early  death  he  had  so 
deeply  mourned.  There  with  them  shall  he  lie 
till  the  heavens  be  no  more.  But  though  dead,  he 
lives  still,  not  only  in  the  higher  life  of  that  blessed 
and  immortal  existence  on  which  he  has  entered, 
but  he  lives  still,  in  the  place  and  amid  the  scenes 


48 


where  in  this  mortal  life  he  acted  his  part  so  well. 
The  influence  of  a  life  so  pure  and  so  useful  can 
never  die.  Though  we  see  not  again  his  manly 
form  in  the  streets  and  places  of  business,  nor 
hear  again  his  voice  of  wisdom  and  friendship, 
the  friends  who  survive  him  will  affectionately 
cherish  his  memory  while  they  live;  and  for  long 
years  to  come  his  name  will  be  honored  in  the 
place  he  loved  so  well,  and  for  whose  prosperity 
he  did  so  much. 


49 


.  EXTRACTS  FROM  A  SERMOX 

Preached  by  Rev.  S.  L.  Blake,  Pastor  of  the  South  Church,  Concord, 
N.  H.,  from  the  text,  “I  was  dumb,  I  opened  not  my 
mouth ;  because  Thou  didst  it.”  —  Psalms  39  :  9. 

At  one  o’clock  on  Saturday,  December  11,  1869,  the  death 
of  Hon.  N.  G.  Upham,  before  his  illness  even  was  generally 
known,  closed  a  life  of  constant  toil ;  and  another  was  added 
to  the  representatives  of  this  church  at  the  tribunal  above.  The 
swiftly  descending  stroke,  selecting  a  conspicuous  and  shining 
mark,  silences  every  tongue  ;  for  God  has  done  it.  How  well 
the  poet  sang,  u  Death  loves  a  shining  mark,”  and  how  forcibly 
does  this  providence  illustrate  the  truth  of  the  poet’s  words. 
On  such  an  occasion  our  chastened  spirits  resort  to  the  Psalm¬ 
ist  for  language  with  which  fitly  to  express  themselves,  and  we 
can  say  no  more  than  this,  u  We  were  dumb,  we  opened  not  our 
mouths  ;  because  Thou  didst  it.”  The  blow  that  fell  into  this 
city  on  the  11th  of  December,  like  a  quick,  sharp  thunder-bolt, 
making  men  gasp  by  the  shock,  paralyzed  every  tongue,  and  we 
could  say  nothing.  Our  only  resort  is  to  bow  submissively  to 
the  inscrutable  will  of  God;  our  only  relief  is  in  His  infinite 
wisdom  and  goodness,  without  whom  not  even  a  sparrow  falls  to 
the  ground. 

We  feel  that  it  is  well  for  us  to  stop  to  do  justice  to  the 
memory  of  one  who,  though  of  retiring  nature,  by  very  force 
of  his  intrinsic  worth,  filled  so  large  a  place  of  usefulness  in 
the  nation,  in  the  State,  in  the  community,  and  in  the  church. 

Although  Judge  Upham  had  been  for  some  time  in  feeble 
health,  and  we  looked  upon  him  and  feared  that  God  would 
have  need  of  him  and  take  him  from  us,  yet,  for  the  last  few 
weeks  previous  to  his  death,  he  had  been  unusually  well. 
Not  a  sign  of  his  approaching  dissolution  showed  itself. 
He  had  been  laboring  with  his  accustomed  vigor  and  zeal, 


7 


50 


in  maturing  certain  plans  lie  had  in  mind,  for  the  welfare 
of  the  church  he  loved,  and  in  completing  certain  labors  to 
which  he  had  devoted  his  leisure  moments  for  a  long  series, of 
years. 

On  the  evening  of  Tuesday  previous  to  his  death,  he  came 
from  his  study  into  his  sitting-room,  with  his  hands  full  of 
manuscripts,  and  remarked  that  he  had  done  a  good  day’s  work. 
On  Wednesday,  he  went  to  Boston,  to  preside  at  a  business 
meeting.  While  on  the  way  he  felt  premonitions  of  sickness. 
He  was  taken  quite  ill  during  the  session,  but  rallied  suffi¬ 
ciently  to  return  to  Concord  Wednesday  night  unattended. 
During  the  night,  his  symptoms  were  so  alarming  that  a  physi¬ 
cian  was  called.  He  very  soon  sank  into  a  stupor,  from  which 
he  was  never  fully  aroused.  His  pulse  increased  in  rapidity 
as  if  his  life  were  racing  itself  away,  until  his  exhausted 
system  yielded,  and  he  lived  no  longer  but  in  memory. 

The  poet  says,  “  That  life  is  long  which  answers  life’s  great 
end.” 

That  is  not  always  the  longest  life  which  is  measured  by  the 
greatest  number  of  years.  What  has  been  accomplished,  justly 
enters  more  largely  into  the  computation  That  life  is  long 
in  morals  and  virtue,  and  every  sphere  of  usefulness,  which 
bears  abundant  fruit  to  crown  its  days  though  few.  The  life  of 
man  is  not  a  question  of  years.  Lapse  of  time  may  not  in¬ 
crease  vitality.  Men  who  have  done  a  great  work,  felt  it 
as  a  fire  in  their  bones.  They  went  forth  to  their  missions 
under  the  inspiration  of  their  work,  straitened  till  it  was 
accomplished.  The  longest  and  best  life  is  one  which  thus  ac¬ 
curately  keeps  the  measure  of  its  accomplished  tasks,  and 
daily  sums  them  up  and  closes  the  books,  ready  to  begin  an 
unwritten  page  on  the  morrow.  We  stop  to  respect  the  mem¬ 
ory  of  such  a  life,  even  though  it  close  at  midday ;  but  we 
turn  carelessly  from  the  grave  of  the  hoary  idler. 

There  is  a  thought  to  be  added  to  this :  that  life,  though 
short,  is  by  far  longer  than  years  can  measure,  which  no 


51 


only  fills  up  its  days  with  its  allotted  tasks,  but  also  does  so 
unselfishly.  We  do  not,  and  we  cannot,  n  any  broad  and 
generous  sense,  live  unto  ourselves.  In  a  greater  or  less  de¬ 
gree,  every  man  is  neighbor  to  him  who  labors  with  open  hands 
and  heart.  Every  magnanimously  active  life,  not  wrapped  up 
within  itself,  measured  by  something  broader  than  itself,  — 
that  generous  spirit  which  looks  with  brotherly  interest  upon 
every  man,  —  is  confined  within  no  geographical  limits.  A 
great  soul  cannot  stay  burrowed  in  itself.  Its  greatness 
drives  it  out  of  itself,  and,  by  its  influence,  cheers  many 
hearts.  The  influence  begun  here  is  projected  upon  eternity 
in  every  one  who  has  felt  it. 

It  seems  to  us  that  the  fact  to  be  especially  noticed  in  this 
respect,  in  relation  to  the  life  of  Judge  Upham,  is,  not  that  he 
merely  filled  up  the  measure  of  threescore  years  and  ten,  but 
that  his  life  was  long  because  it  was  useful,  —  for  this  reason 
infinitely  longer  than  its  years.  It  is  certainly  true,  that  the 
sphere  in  which  he  moved  was  wide  ;  and  especially  true,  that 
he  performed  offices  whose  good  results  others  are  still  reaping. 
We  think,  also,  that  he  was  a  man  who  measured  duties,  and 
diligently  discharged  them  as  best  he  could.  He  strove 
to  make  every  day  count  in  the  summing  up  of  the  acts  of  his 
life  ;  and  therefore  he  has  closed  a  career  which  is  far  longer 
than  his  years. 

It  is  refreshing  to  believe  that  one  who  has  been  in  positions 
of  such  prominence  as  have  been  filled  by  our  honored  friend, 
was  actuated  by  a  Christian  spirit,  there  are  so  few  worthy 
men  in  places  of  public  trust  to-day.  Public  men  are  not  all 
honest  and  sincere,  partly  because  they  do  not  respect,  even 
much  less  cultivate,  a  spirit  of  self-denial,  which  is  the  child  of 
earnest  piety  When  one  such  man  comes  to  places  of  trust, 
we  feel  that  we  need  him  and  cannot  spare  him. 

Judge  Upham  may  have  been  too  retiring  in  his  Christian 
character  to  do  himself  justice  ;  but  he  had  such  a  character. 
It  was  positive  and  pronounced,  and  would  not  compromise 


52 


*one  jot  nor  one  tittle  of  what  he  believed  to  be  right  and  the 
truth.  It  is  much  in  his  praise  that  it  can  justly  be  said  of 
him,  he  has  completed  a  long  life  of  business,  in  contact  with 
men  of  every  character,  and  gone  dowm  to  his  grave  without 
a  spot  upon  him.  He  was  actuated  by  motives  too  purely  and 
sincerely  Christian,  to  be  morally  capable  of  narrow  selfish¬ 
ness.  And  therefore  we  think  he  was  ready  for  the  Master  who 
came  to  him  as  a  thief  in  the  night.  His  impulses  were 
too  generous  to  allow  him  to  neglect  this  momentous  question. 
He  had  breadth  of  view  enough  to  see  that  this  towers  infi¬ 
nitely  above  all  questions  of  a  temporal  nature.  In  this, 
we  can  but  say  he  is  a  fit  example  for  the  men  of  business 
who  know  him,  with  whom  he  was  associated.  In  his  Christian 
and  public  career,  Judge  Upham  won  many  friends  to  weep  at 
his  grave. 

One  who  knew  him  well,  in  speaking  of  his  death  in  con¬ 
nection  with  that  of  other  distinguished  men  during  the  past 
six  months,  said :  “No  one  of  the  deceased  exerted  a  more 
salutary  influence  than  Judge  Upham,  and  the  departure  of  no 
one  is  the  cause  of  more  general  regret/’ 

At  an  early  age  he  manifested  an  unusual  aptitude  for  books. 
He  entered  Dartmouth  College  in  1816,  at  the  age  of  fifteen, 
and  graduated  in  1820.  He  took  fine  rank  as  a  scholar,  and 
during  his  course  evinced  those  literary  tastes  of  high  and 
critical  order,  for  which  he  was  ever  more  distinguished  than 
people  were  generally  aware. 

His  Alma  Mater  showed  her  appreciation  of  her  honored 
son  by  conferring  upon  him,  in  1862,  one  of  the  highest  degrees 
in  her  gift,  —  that  of  LL.D. 

Judge  Upham  was  a  man  of  fine  literary  taste,  and  devoted 
the  hours  of  his  leisure  to  solid  reading,  and  literary  and  his¬ 
torical  research.  Whoever  has  examined  his  library  —  a 
choice  collection  of  rare  works  —  will  bear  us  witness  that 
this  is  not  mere  eulogium,  but  simple  truth.  He  had  traversed 
well  the  field  of  literature,  and  was  familiar  with  the  lead- 


53 


ing  authors.  His  knowledge  of  them  was  critical.  It  was 
not  his  habit  to  glide  over  the  surface,  but  to  go  deep  enough 
to  find  the  pearls,  if  there  were  any.  We  find  passages 
from  many  works  which  he  read,  which  were  seized  by  his 
practised  mind,  and  indicated  by  a  mark  from  the  ready 
pencil.  A  copy  of  Matthew  Henry’s  commentary,  we  were 
surprised  to  know,  was  filled  with  these  way-marks  of  his 
thoughts.  It  is  a  proof  of  his  diligence  as  a  student,  and 
his  evident  taste  for  literary  pursuits,  that  he  found  time,  amid 
the  engrossing  cares  of  professional  life,  to  make  such  extended 
and  varied  investigations  outside  the  line  of  his  business  and 
profession.  He  was  enabled  to  do  this,  partly  because  his 
habits  of  study  were  methodical.  His  mind  was  like  the 
reaper,  that  completes  his  work  as  he  proceeds,  and  lays 
every  bundle  of  gathered  grain  in  its  place.  He  did  not  ram¬ 
ble,  but  travelled  laboriously,  if  we  may  use  the  figure.  His 
literary  taste  was  critical,  almost  to  a  fault.  What  would 
satisfy  many  minds  would  appear  to  his  to  contain  errors.  He 
never  would  leave  a  sentence  'until  it  was  polished  to  the 
utmost.  A  literary  work  upon  which  he  had  long  been  en¬ 
gaged,  had  been  subjected  to  many  severe  revisions  at  his 
hands,  which  most  would  have  thought  unnecessary.  Besides 
being  methodical,  he  was  a  man  of  great  persistence, — a  quality 
which  he  inherited  from  his  father.  He  exhibited  this  in  every 
work  to  which  he  put  his  hands.  He  was  not  accustomed  to 
know  such  a  word  as  defeat.  He  had  an  intelligent  knowledge 
of  the  doctrines  of  the  Scriptures  beyond  that  of  most  men ; 
his  opinions  of  sermons  and  his  views  of  preaching  were  those 
of  a  man  who  knew,  and  hence  were  always  valuable.  Ilis 
knowledge  of  law  and  the  principles  of  international  law,  is 
sufficiently  evinced  by  the  positions  he  was  called  to  occupy. 
There  is  hardly  an  exigency  in  which  Judge  Upham’s  advice 
has  not  been  sought  by  individuals,  societies,  the  State,  the 
nation ;  and  it  has  usually  been  found  safe  to  follow  the 
suggestions  of  his  wisdom.  Said  one,  who  could  speak  from 


54 


knowledge,  “  He  was  one  of  those  strong  men,  whose  council 
it  is  never  safe  to  disregard,  and  who,  without  an  effort,  obtain 
a  deep  hold  upon  the  community  in  which  they  dwell.”  The 
breadth  and  accuracy  of  his  knowledge  eminently  fitted  him 
to  be  a  wise  and  judicious  counsellor. 

It  is  proof  of  his  persistency  as  a  student,  that  he  occupied 
his  leisure  moments,  for  more  than  forty  years,  in  preparing  a 
work  which  he  left,  nearly  ready  for  the  press.  The  last  labor 
he  did  at  home,  was  upon  this  volume,  Tuesday  evening  before 
his  death.  It  is  a  collection  of  rare  proverbs  or  maxims, 
gathered  from  every  possible  source,  requiring  unusual  research 
and  patience. 

Author  after  author  had  to  be  consulted  with  critical  care. 
This  was  his  great  life-work,  lying  outside  the  usual  routine 
of  business.  In  all  his  researches  he  kept  this  object  steadily 
in  view.  The  arrangement  of  the  book  into  topics  and  divi¬ 
sions  and  subdivisions,  shows  a  methodical  and  careful  mind. 
It  is  interesting  to  notice  that  in  Judge  Upham’s  definition  of 
a  proverb,  a  religious  or  moral  thought  enters  largely. 

He  says  :  u  I  define  a  Proverb  to  be,—  A  brief,  pointed  soy- 
ing ,  illustration ,  or  simile ,  designed  as  a  general  rule  of  conduct , 
or  instruction  approved  and,  of  ten  repeated  by  the  people.”  He 
continues,  “I  am  aware  that  this  definition  differs  materially 
from  that  of  distinguished  writers  on  the  subject,  but  it  is 
given  after  much  reflection,  and  I  believe  is  the  only  proper 
definition  of  a  Proverb.  It  attaches  to  them  at  once  a  fixed 
and  elevated  character,  and  renders  them  as  choice  perfected 
rules  of  conduct  of  investigation  and  inquiry.”  He  says, 
“  Proverbs  are  often  highly  figurative  and  poetical,  conveying 
their  moral  like  a  condensed  fable.  .  .  .  Their  aim  is,  at  all 
times,  to  give  lessons  of  life.” 

At  the  time  of  the  death  of  his  son,  the  work  upon  this  vol¬ 
ume  was  for  a  time  suspended.  The  interval  was  not  a  season 
of  idleness.  Homer  and  Dante,  and  many  other  poems,  had 
been  translated  into  English.  Judge  Upham  conceived  the 


55 


idea  that  Job  might  be  translated  into  attractive  English  verse  ; 
and  he  did  it.  His  work  received  the  commendations  of  dis¬ 
tinguished  scholars.  In  its  preface  he  has  spoken  of  Hebrew 
poetry  with  a  knowledge  of  the  genius  and  spirit  of  the  lan¬ 
guage  that  surprised  us. 

Owing  to  his  retiring  nature,  his  rare  qualities  of  head  and 
heart  were  known  only  to  those  most  intimately  acquainted 
with  him.  Said  a  friend,  on  the  day  of  his  burial,  “  To  know 
Judge  Upham,  one  needed  to  know  him  intimately.”  And 
yet,  there  were  times  when  his  qualities  shone  like  burnished 
gold 

The  loss  sustained  by  Judge  Upham’ s  death  is  wider  than 
any  section  The  services  he  rendered  this  government  make 
his  death  a  serious  loss  to  this  country. 

Add  to  the  labor  which  he  performed  in  London,  in  adjust¬ 
ing  claims  involving  millions  of  dollars,  the  work  which  he  did 
for  this  government  in  1862,  at  Washington,  in  adjusting  sim¬ 
ilar  claims  between  us  and  New  Granada,  —  the  unanimous 
verdict  will  be  that  his  death  is  a  loss  to  this  country. 

It  is  a  loss  to  this  State  and  to  this  community,  for  like  rea¬ 
sons.  He  has  served  too  long  and  well,  and  in  capacities  too 
public,  to  have  his  death  a  matter  of  indifference  to  those  for 
whom  he  labored,  or  to  have  it  looked  upon  as  an  ordinary 
event.  It  is  not  that  a  commanding  form  will  be  seen  no  more 
in  our  midst,  but  that  a  wholesome,  generous,  and  positive 
influence  is  removed.  He  was  one  of  those  men  whom  wre 
cannot  afford  to  lose.  He  was  wanted  wherever  a  soul  needed 
to  feel  the  throbbings  of  a  noble  spirit. 

His  death  is  a  loss  to  this  society.  He  was  one  of  the  sixty- 
seven  members  who  colonized  in  1837,  from  the  North  Church, 
to  form  this.  He  was  one  of  the  thirty  who  signed  the  rules 
and  by-lawrs  of  the  South  society,  on  the  first  of  April,  1835, 
and  his  name  was  prominent  among  those  who  were  con¬ 
cerned  in  its  formation.  He  was  one  of  seven  who  were 
united  in  constructing  the  first  house  of  worship,  in  a  time  of 


56 


financial  trouble  that  tried  men’s  souls.  In  all  the  trying  times 
through  which  this  society  has  passed  from  the  first,  until  now, 
Judge  Upham  has  been  to  it  a  tower  of  strength.  When  the 
old  house  was  burned,  his  voice  was  heard  in  the  counsels 
which  resulted  in  the  new.  His  wisdom  and  foresight  were  al¬ 
most  prophetic,  detecting  possible  contingencies,  and  making 
ample  and  legal  provision  for  them.  His  judgments  and  wis¬ 
dom  were  as  beacon-lights,  —  safe  to  follow.  The  interests  of 
this  society  were  near  his  heart ;  and  he  had  the  satisfaction  of 
seeing  it  grow  up  from  small  beginnings  to  what  it  is  now, 
through  his  efforts,  in  co-operation  with  others.  It  is  a  hard 
blow  to  us  to  lose  him.  May  the  Lord  in  wisdom  strengthen 
us  to  take  up  the  burden  he  has  laid  down. 

His  death  is  a  loss  to  his  family.  But  no  curious  hand  may 
presume  to  lift  the  veil  to  pry  into  the  sacred  secrets  of  this 
sorrow.  We  can  only  commend  them  in  their  grief  to  Him  in 
whom  all  fulness  dwells. 

His  death  is  a  loss  to  this  church  in  particular.  In  early 
manhood  he  became  a  Christian.  It  is  said,  the  first  his  friends 
knew  of  his  religious  experiences,  his  elder  brother  heard  him 
offering  a  prayer  in  a  prayer-meeting  in  Bristol.  When  he  re¬ 
moved  to  Concord,  in  1829,  he  brought  a  letter  to  the  North 
Church.  In  1837,  he  was  one  to  help  form  the  South  Church. 
He  walked  in  its  fellowship  nearly  thirty- three  years.  His 
religious  life  was  not  demonstrative.  It  did  not  express  itself 
so  much  in  fitful  spasms  as  in  a  calm  and  steady  progress. 
His  Christian  character  left  no  doubts  as  to  its  genuineness  in 
the  minds  of  those  wdio  knew  him.  It  showed  itself  in  the 
lively  interest  with  which  he  talked  upon  religious  themes  and 
matters  relating  to  the  interests  of  the  church ;  in  his  love  for 
and  study  of  the  Scriptures,  of  whose  doctrines  he  had  an  un¬ 
usually  clear  and  intelligent  conception  ;  in  his  intelligent  con¬ 
fidence  in  the  providences  of  G-od,  and  readiness  to  see  the 
love  that  moved  an  afflicting  hand,  so  that  he  was  enabled  with 
resignation  to  look  up  and  kiss  the  rod  that  smote  him ;  in  his 


57 


interest  in  the  public  services  of  religion  manifested  by  his 
presence  and  respectful  and  undivided  attention,  so  much  so, 
that  if  Judge  Upham  was  away,  every  one  knew  there  was 
cause ;  and  in  his  warm  friendship  for  his  pastor.  We  shall 
miss  him  as  much  as  you  will,  from  his  accustomed  place. 

The  life  of  Judge  Upham  is  an  example  of  what  may  be  ac¬ 
complished  by  an  undivided  purpose  and  indomitable  persever¬ 
ance,  in  the  face  of  serious  obstacles.  It  was  unquestionably 
a  great  help  to  him,  as  it  is  to  any  man,  to  have  some  great 
work  lying  at  hand  to  occupy  leisure  moments.  It  requires 
courage,  and  Judge  Upham  possessed  it.  Besides,  he  labored 
a  large  part  of  his  life  under  the  restraints  of  ill  health.  The 
labor  which  he  required  of  himself  nerved  him  constantly  for 
his  tasks,  and  kept  his  mind  fresh  and  vigorous  as  youth.  His 
thoughts  did  not  grow  old. 

His  religious  life  is  worthy  of  imitation.  The  engrossing 
cares  of  his  profession  did  not  hinder  him  from  attending,  in 
the  outset  of  his  career,  to  the  more  important  business  of 
salvation.  As  these  cares  multiplied,  they  did  not  hinder  him 
from  seeking  growth  in  grace,  nor  from  making  himself  fami¬ 
liar  with  the  word  of  God,  and  its  proper  interpretation.  We 
think  his  sincere  devotion  to  the  will  of  God  was  one  of  the 
elements  of  his  true  greatness.  He  has  left  a  lesson  worthy 
to  be  learned  by  all  men  engrossed  with  the  cares  of  life.  He 
is  among  the  many  who  are  proofs  that  the  truest  nobility  of 
heart  and  mind  lies  in  singleness  of  purpose  and  sincerity 
of  aim,  guided  by  a  will  that  bows  to  the  authority  of  God. 

Judge  Upham’s  life  illustrates  the  fact  that  we  may  be  mak¬ 
ing  impressions  which  will  be  lasting,  when  we  least  suspect 
it.  It  is  not  noise  that  does  most ;  but  silent,  honest,  diligent 
labor.  The  forces  in  nature  that  are  lifting  mountains, 
shaking  the  earth,  demolishing  towns,  clothing  the  fields 
with  verdure,  and  filling  our  granaries,  are  silent  and  unseen. 
But  we  none  the  less  enjoy  their  fruits,  or  feel  their  startling 

8 


58 


effects.  A  sincere  and  generous  life,  though  quiet,  seldom 
thrusting  itself  into  prominence,  is  like  these  forces. 

It  is  also  cheering  to  consider  that  while  for  over  thirty  years 
he  has  been  a  blessing  to  this  church,  this  church  has  been  a 
blessing  to  him,  and  as  a  school  in  which  he  has  been  trained 
for  the  church  above.  He  has  been  all  this  time  ripening  for 
Heaven  by  influences  which  we  all  throw  around  each  other, 
and  which  are  thrown  around  us  all.  He  was  ready,  and  God 
took  him  from  the  church  militant  to  the  church  triumphant. 

The  memories  which  such  lives  leave  behind  them  are  im¬ 
perishable.  Men  accumulate  millions,  and  seek  to  perpetuate 
the  memory  of  their  names,  by  castings  of  bronze,— but  they 
will  be  forgotten,  and  their  monuments  crumble ;  while  the 
fragrance  of  a  holy  life  will  remain,  and  distribute  itself  to  re¬ 
motest  generations.  The  duration  of  such  memories  can  be 
measured  only  by  eternity. 

The  curtain  has  dropped  to  hide  the  scenes  of  another  life, 
which  has  gone  to  fulfil  its  higher  destiny,  and  act  its  nobler 
part  in  eternity.  At  the  last  moment  the  eye  that  had  been 
dimmed  by  disease,  sparkled  with  unwonted  brilliancy,  and  the 
face  glowed  with  a  heavenly  light.  It  seemed  like  a  ray  from 
out  the  eternal  glory ;  and  when  it  was  taken  back,  the  soul 
went  with  it,  to  see  the  fulness  of  the  vision  that  irradiated 
it  in  its  last  earthly  moment.  May  the  great  Head  of  the 
Church  stimulate  us  to  greater  diligence  in  His  service,  that  it 
may  be  said  of  us,  as  of  him  who  has  gone,  Blessed  are  the 
dead  which  die  in  the  Lord . 


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